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WINTER v. WINTER

39 A.D.2d 69 (1972)

Saul O. Winter, Appellant-Respondent, v. Elizabeth Winter, Respondent-Appellant. Mario Procaccino, Guardian ad Litem, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1972.

Attorney(s) appearing for the Case

Michael B. Atkins of counsel (Morgenstern & Winnick, attorneys), for appellant-respondent.

Irving I. Erdheim of counsel (Donald Frank with him on the brief; Erdheim, Shalleck & Falk, attorneys), for respondent-appellant.

Mario A. Procaccino, guardian ad litem for respondent-appellant.

KUPFERMAN, J. P., dissents in part and would affirm the provision for an annuity.

KUPFERMAN, J. P.

This is a conversion action for divorce by the plaintiff husband, pursuant to section 170 (subd. [5]) of the Domestic Relations Law, based on his wife's long prior separation decree. (Gleason v. Gleason, 26 N.Y.2d 28.)

The parties were married in 1923, and the husband is 77 years of age and the wife 72. There is one adult issue. The wife was granted...

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